Marrige of convenience

[ykcor]

Hi everybody.
My wife was just denied her residence visa in Beijing as the officer stated she believes that my wife only married me to gain access to Canada.
We have yet to receive the refusal letters, but I will appeal

I have spent time on the CIC site looking for information on the appeal process, but the site is confusing at best.

1. Is the appeal hearing like a court of law, where all evidence to be used must be submitted in advance, to both the hearing and to the opposing party?

2.Do I first submit my intent to appeal, then have time to submit my reasons/evidence, or must do both processes in one step?

3. Will I receive the the caips notes the worker wrote on the case, do I need to request them?

I will be happy to answer any and all questions, as this is my lifes happiness at stake here

Thank you very much to any who reply, and I wish the very best of luck to all who must deal with this ridiculous process.

Ykcor

 

[scylla]

I would recommend that you join the appeals thread:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.0.html

There's a ton of great information and discussions there.

Sorry about the refusal.

 

[Rob_TO]

Am curious, do you know why they thought it was a marriage of convenience?
i.e. was there a short relationship before marriage, lack of proofs, small wedding, huge age difference, etc?

 

[fandv]

Hi Ykcor,

Truly sorry to hear about what happened! May I guess that your wife recently had to attend an interview in Beijing, and then her application was refused as a result of the interview? What questions did the officer ask your wife? Was your wife able to answer the questions pretty accurately? How long have you guys been married?

It's indeed a ridiculous process....countless people with genuine relationships were denied....the problem is, many foreign spouses don't speak English too well, and sometimes they can't express their thoughts clearly in English (especially if there's no translator). Plus a lot of the interviewing officers can be pretty rude, which can cause some psychological pressure, causing the officer to mistakenly doubt the genuine-ness of the marriage...

I don't have any experience with appealing, so I don't know the answers to you questions, however here's a thread where people discuss appeal cases...I'm pretty sure if you post your question there, someone might be able to help you.

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.1755.html

And just to give you some comfort: a lot of people in this forum say that most appeals are successful...

All the best to you and your wife!

 

[keesio]

#2 is just strange (CIC's accusation)

But #1 & #3...I can see how those are red flags. Especially #1. #3 can be just confusion in the question. #1 is a big deal.

 

[Rob_TO]

We were together 9 months before the marriage. no large age difference.

9 months is a little short before marriage (the "normal" time is usually around 1 year), but not unheard of. How much of that 9 months was actually in person, vs long distance?

I also agree your 1. reason is most likely where most of the problems came from.
Best of luck with your appeal.

 

[fandv]

3. Some how we gave a different day that we first slept together.....(I think she misunderstood the question).

Aha there you go.....exactly like what I said earlier: language barrier issues. "Sleep together" is a phrase commonly used by native English speakers, and not necessarily used by non-native speakers like your wife. She may have interpreted it literally as actual sleeping/resting together, as opposed to the other meaning (sex...).
If I were the interviewing officer, I wouldn't use the term "sleeping together" in order to avoid confusions... :-X

 

[mikeymyke]

I think #1 is definitely the biggest one, because her ex was a Canadian, and so is her currrent husband, which would appear that she really wants to come to Canada. It's not luck that she somehow fell in love with 2 different guys, and both of them somehow by stroke of luck, turned out to be both Canadians. It would seem, she selectively chose them because they were Canadian.

 

[truesmile]

. . . you mean . . . because (based on the OP) she PAID $25,000 to get her first visa. At least it's implied so. In hindsight, perhaps she should have "landed". And I say "should", there's a long story there not really relative to the OP.

 

[keesio]

Sorry about not being clear.

After a being interviewed in Beijing, she was granted permanent Residence, but she did not immediately return to Canada. This is when he demanded the money to continue the sponsorship, and this was the last straw, she refused and initiated the divorce, staying in China. We have the emails from him demanding this.

So she is saying that she fell in blindly love and married some Canadian guy who eventually just wanted money from her at the end?

 

[CdnandTrini]

I think #1 is definitely the biggest one, because her ex was a Canadian, and so is her currrent husband, which would appear that she really wants to come to Canada. It's not luck that she somehow fell in love with 2 different guys, and both of them somehow by stroke of luck, turned out to be both Canadians. It would seem, she selectively chose them because they were Canadian.

sigh........mm if she really wanted to come to Canada she would have the first time she had the opportunity.....not sure how you think your "opinion" is actually helping the OP..........

 

[screech339]

sigh........mm if she really wanted to come to Canada she would have the first time she had the opportunity.....not sure how you think your "opinion" is actually helping the OP..........

As much as mikeymyke's post may discourage the OP, he does sometimes play the role of devil's advocate. He can give you another perspective from CIC's point of view as difference possible point of view.

Screech339

 

[mikeymyke]

As much as mikeymyke's post may discourage the OP, he does sometimes play the role of devil's advocate. He can give you another perspective from CIC's point of view as difference possible point of view.

Screech339

I don't mean to post to discourage people, I just want people to sort of see the other side of things. In the OP's example, of course, I can't know his wife or her past as much as him, but seeing as how she's married two men, and both happen to be Canadian, it sort of raises some red flags for me. It can't be luck, it would seem she chose them because they were Canadian. And even if it was luck, seeing as how she had a bad experience with a failed marriage to a Canadian, in which she was allegedly demanded to pay $25,000 or lose her PR, why would she try to go down that road again with another Canadian? Or why another Canadian, but why not a Chinese man, in which there are hundreds of millions in her country? These aren't questions that I'm creating, but I'm sure these were questions asked by the VO as well because they are trained to ask these kind of questions and try to figure out an applicant's motives and her past.

Also, I wonder if the OP ever had a bad feeling when he found out his wife also married a man who was Canadian in the past, and also tried to apply for PR that time as well.

 

[keesio]

sigh........mm if she really wanted to come to Canada she would have the first time she had the opportunity.....not sure how you think your "opinion" is actually helping the OP..........

maybe she didn't want to (or have) 25K to pay.

Sometimes it is good to get an opposing viewpoint. You want to hear input from all sides. Getting advice that only looks at the positive or assumes the optimistic might make people feel good but does always help them achieve their goals.